Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

NIL Hour: NIL Commentary from Charles Barkley, Jim Larrañaga, and Mick Cronin; Is NIL tied to Winning? Mar 29, 2023

Show notes

Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Name, Image, and Likeness remains at that intersection as Tarun (@tksharmalaw), Mike (@Mike_sonof_Law), and Holly (@ProsecutieRests) dive into the latest on NIL.

Charles Barkley has always been outspoken about his feelings towards NIL. (1:16) Barkley recently took to 60 Minutes to state that college basketball is "a travesty and a disgrace," specifically about NIL. Barkley went on to state that the NCAA will only consist of top 25 teams who can pay their players and every other program will become irrelevant. Barkley also stated in 2021 that NIL would cause locker room rifts between players and drive teams apart. It appears that Barkley is wrong again. The Final Four consists of not a single blue blood basketball program. This was the first tournament, EVER, where a number 1 seed didn't make the Elite Eight. Number 9 seed Florida Atlantic University is in the Final Four, and their school has partnered with Opendorse to create an NIL marketplace for their athletes. We discuss how NIL, among other factors like the transfer portal, has leveled out the NCAA men's basketball playing field and increased competition.

Miami head coach Jim Larrañaga has been very supportive of NIL and his players. (13:22) This is the first full year of NIL deals being widespread. We discuss the correlation between NIL deals and winning. Miami has a successful men's and women's basketball year.

UCLA's head coach Mick Cronin was placed on the hot seat after they lost to Gonzaga in the Sweet Sixteen regarding his stance on NIL. (24:27) Cronin also showed support for NIL and his players. He even hinted at the NCAA leadership that they need to adapt and develop NIL as the future of college sports.

Charles Barkley also commented on the congressional hearings on NIL. (28:10) Barkley expressed his distaste for public officials. Nonetheless, Barkley suggested a committee of informed people be created, and that is what Congress is doing at the hearing on 3/29.

Notre Dame President John Jenkins and Athletic Director Jack Swarbrick co-authored and op-ed in the New York Times regarding NIL along with some suggestions for congress and pro leagues. (33:00) Jenkins and Swarbrick wrote the piece with a dated outlook on college athletics as they asked congress to create federal legislation. They wrote with a fear that the NCAA would implode and that NIL would turn college into the minor leagues. With that, they also asked the NFL to create a minor league, as well as asking the NBA to do away with the one-and-done rule. We analyze their suggestions and view of college athletics.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ⁠⁠⁠ConductDetrimental.com⁠⁠⁠. Let us know if you want to join the team.

Hosts: Dan Wallach (⁠⁠⁠@WallachLegal⁠⁠⁠) | Dan Lust (⁠⁠⁠@SportsLawLust⁠⁠⁠) | Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠)

Producers: Mike Lawson (⁠⁠⁠⁠⁠@Mike_sonof_Law⁠)

Career Interview Series with Wasserman's Kelsey Rejko Mar 24, 2023

Show notes

Welcome back to THE Sports Law Podcast! We keep you up to date on everything at the intersection of sports and the law! In this special episode, Evan Mattel (@Evan_Mattel21) sat down with Kelsey Rejko to discuss her entry into the world of sports law.

Kelsey is Senior Legal Counsel at Wasserman which touts itself as an agency "serving the best sports talent, artists, brands & properties in the world." In the interview, Kelsey discusses her shift towards sports and the law following her undergraduate experience in journalism. She goes on to discuss some of the highlights of her career so far as well as some of the challenges that come along with working in the area of NIL.

Finally, Kelsey provides advice for both law students and professionals looking to expand their network. Kelsey can be found on her LinkedIn found here.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ⁠ConductDetrimental.com⁠. Let us know if you want to join the team.

Dan Wallach (⁠@WallachLegal⁠) | Dan Lust (⁠@SportsLawLust⁠) | Mike Lawson (⁠@mike_sonof_law⁠) | Justin Mader (⁠@MaderLaw⁠)

NFL Legal Roundup, Morant Suspension, MSG v. State Liquor Authority, & Madness Lawsuits Mar 22, 2023

Show notes

Welcome back to The Sports Law Podcast! We keep you up to date with everything happening at the intersection of sports and law. Dan Lust is joined by Mike Lawson this week to cover all the recent updates in the sports law world.

Can you sue the NCAA because your team is not selected for the NCAA tournament? (2:25) Rutgers fans created an uproar after selection Sunday when Rutgers was not chosen for the March Madness tournament. Rutgers finished the season with a modest 19-15 record and ended up losing to Hofstra in the first round of the NIT tournament.

Ja Morant was issued an 8-game suspension by the NBA. (7:25) Morant had been taking some time away from the Grizzlies to receive counseling following the incident where he flashed a gun on his Instagram while he was in a club. We discuss the comparable suspensions related to other conduct detrimental. Most notable was the Gilbert Arenas suspension for bringing a gun into the Wizards locker room that resulted in a 50-game suspension. We also compare this situation to the 8-game suspension that Kyrie received.

Some updates in the James Dolan and MSG v. New York State Liquor Authority. (20:40) The State Liquor Authority ("SLA") hired a private investigator to look into the actions being taken by MSG (using facial recognition technology to restrict access to any venue if they are associated with a law firm with active litigation against MSG) violates the liquor laws, thus possibly resulting in a loss in their liquor licenses for those venues. These would include Madison Square Garden, Radio City Music Hall, and Beacon Theater. The SLA investigator claims that he was being followed for more than 100 miles and outside of his house taking photos. When the NYPD pulled over the vehicle later, it was reportedly a private investigator hired by MSG. MSG acknowledged they hired the PI and that it was "common and legal practice" to do so. Dolan and MSG filed an Article 78 claim in Manhattan claiming several actions against the NYS Liquor Authority seeking a preliminary injunction from any violations.

Rumors surfaced of Aaron Rodgers being traded to the New York Jets. (33:50) Not so fast, it is apparent that the Packers are demanding a higher price and it is not a done deal yet. Rogers took to the Pat McAfee Show and Barstool to discuss his plans for the future and has made it known that he will be playing for the Jets in 2023. Rogers further went on to state that he has a very tight circle and NFL reporters do not know any information related to his camp.

Joe Mixon's sister and her boyfriend are being charged in connection with the teenager who was shot outside of Mixon's residence. (40:25) The prosecution held a press conference stating that Lamonte Brewer is facing four charges including felony assault for shooting Mixon's neighbor. Video evidence shows Shalanda Mixon picking up the shell casings and leaving in a vehicle with Brewer. Shalanda is also being charged with obstruction of justice and tampering with evidence. The video also shows that Joe Mixon had a weapon on him but did not draw or fire that weapon. The prosecution stated that they will not be filing any charges against Mixon because he was lawfully in possession of his own weapon. Mixon claims to have had a recent influx of death threats on social media.

Dan Snyder is moving closer to a record sale of the Commanders. (46:51) However, Goodell appears to be receiving an extension on his contract that is set to expire in 2024. Could the final push of Goodell getting Snyder to sell seal the deal for the owners to vote on an extension for Goodell?

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ⁠⁠ConductDetrimental.com⁠⁠. Let us know if you want to join the team.

Hosts: Dan Wallach (⁠⁠@WallachLegal⁠⁠) | Dan Lust (⁠⁠@SportsLawLust⁠⁠) | Mike Lawson (⁠⁠⁠⁠⁠@Mike_sonof_Law⁠)

Producers: Mike Lawson (⁠⁠@Mike_sonof_Law)

USMNT Berhalter Investigation, Livvy Dunne AI Controversy, Michael Irvin Defamation, and Shaq-FTX Service Avoidance Mar 21, 2023

Show notes

Welcome back to THE Sports Law Podcast! This is your one-stop shop for all things sports law. In this episode, Stephanie Weissenburger (@SWeissenburger_) and Emily Costanzo (@EmilyCostanzo_) discuss the latest in the world of sports and law.

The investigation into USMNT Head Coach Greg Berhalter revealed some interesting facts regarding the relationship between the coach and Claudio Reyna. (3:40) US Soccer released their report on the coach including all of Berhalter's statements regarding Claudio and some of the reasons that Gio Reyna was benched during the most recent World Cup. Berhalter is still in the running to retain the Men's Head Coaching position but with all of the drama surrounding his relationship with the players, it is not a certainty that he keeps the position.

Michale Irvin has filed a defamation lawsuit against Marriott Hotels following an incident that led to his dismissal from the NFL Network's coverage of the Super Bowl. (12:17) Irvins case is based on allegations made against him by an employee of the hotel during his stay. In the course of the lawsuit, a video was released that showed the interaction between Irvin and the employee which seems to contradict the allegations of the hotel. The case is ongoing with Irvin asking for damages up to $100 million which is not out of possibility given the value he brings to the NFL Network and the potential damage to his reputation if his suit is successful.

LSU gymnast Livvy Dunne has added yet another NIL deal to her portfolio but this one could cause some controversy. (22:35) Dunne recently partnered with Caktus AI which touts itself as the first-ever educational AI tool. The AI can write essays or solve questions that are placed into the program. Given the way the product is geared toward students, LSU released a statement stating that the use of such AI could be against the academic code of the university. This NIL deal seems to highlight the wild west nature of the NIL landscape and how institutions have to act on their feet when problems such as this one arise.

Stories have emerged that Shaquille O'Neal might be evading the serving of process in connection with the FTX lawsuit. (35:18) While the stories seem to imply that he has been hiding in his house to avoid this, recently Shaq attended his 51st birthday out in public. The FTX lawsuit has roped in many prominent athletes including Tom Brady and Steph Curry. The lawsuit claims that individuals relied on celebrities when it came to investing in cryptocurrency. They claim the losses from the drop in cryptocurrency value were a result of their reliance on the endorsements of the athletes.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ⁠ConductDetrimental.com⁠. Let us know if you want to join the team.

Hosts: Dan Wallach (⁠@WallachLegal⁠) | Dan Lust (⁠@SportsLawLust⁠)

Producers: Justin Mader (⁠@MaderLaw⁠)

Ja Morant Timeline, Lamar Jackson & Collusion Whispers, Bengals Workers Comp, and WWE Legalized Betting Mar 14, 2023

Show notes

Welcome back to THE Sports Law Podcast! This is your one-stop shop for all things sports law. In this episode, Dan Lust (@SportsLawLust), Justin Mader (@MaderLaw), and Evan Mattel (@Evan_Mattel21) break down the latest in the world of sports and law. Greg Termolle (@GregTerm) joins the podcast to discuss the latest US Men's soccer drama.

Ja Morant, a star guard for the Memphis Grizzlies, has been in the news recently for multiple events pointing to behavior concerns. (3:57) Morant recently stepped away from the team following a two-game suspension after Ja flashed a gun on Instagram live. Other stories accuse Morant of punching a 17-year-old following a pick-up basketball game. These stories have caused Morant’s deal with Powerade to be pulled for now as he goes through a counseling program.

The Baltimore Ravens placed a non-exclusive franchise tag on Lamar Jackson this past week. (17:56) Jackson was seeking a large fully guaranteed contract that he was negotiating himself without the help of an agent. If a team is interested and puts together a contract for Jackson, then the Ravens have a chance to match it.

The NFLPA recently released an email to its member stating that the Bengals’ organization is attempting to strip its players of workers’ compensation. (32:20) The email highlighted lobbying efforts the Bengals are engaged in to change the workers’ compensation law in Ohio. The NFL’s collective bargaining agreement (CBA) only requires teams to provide workers’ compensation based on the law in which the team is based.

Rumors have swirled recently that the WWE is putting a plan together to allow betting on their events. (38:24) This is surprising considering WWE matches are scripted and have a predetermined outcome. The WWE would plan to keep those results under lock and key even restricting the wrestlers’ access to the script. Many problems have been pointed out but other predetermined events, such as the Oscars, receive plenty of legal bets.

The U.S. Soccer Federation completed and released its report covering alleged domestic violence by Greg Berhalter as well as behavior issues with Claudio Reyna. (53:26) Berhalter and Reyna have known each other since they were around 11 or 12 years old. While the report did not point to any direct FIFA violations, it does include things that could cause FIFA to conduct its own investigation into their relationship and the actions of Claudio Reyna.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Producers: Justin Mader (@MaderLaw)

Golf Law: Tiger Woods Legal Claims w/ Ex, Patrick Reed Dismissal, and LIV-PGA Latest Mar 10, 2023

Show notes

Welcome back to THE Sports Law Podcast! This is your one-stop shop for all things sports law. In this episode, hosts Dan Lust (@SportsLawLust) and John Nucci (@JNucci23) are joined by a very special guest Dan Rapaport (@Daniel_Rapaport) to discuss the top legal stories in the world of golf.

Tiger Woods' ex Erica Herman has filed suit against the golfer, claiming she was wrongfully evicted from Tiger's residence. (9:13) This claim came to light amid a lawsuit looking to invalidate a non-disclosure agreement she signed. This NDA case was brought under the Speak Out Act which "prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law."

The defamation lawsuit Patrick Reed filed against the Golf Channel has been dismissed. (15:56) Reed was suing the channel for $750 million claiming that the statements made on the channel harmed his reputation and damaged his earning abilities. Reed also made threats to sue other channels but that case never came to fruition.

As the LIV v. PGA saga continues, John Nucci has been on top of all of the developing stories throughout. (18:44) He discussed with Dan Rapaport the possibility of players returning to the PGA Tour and what that would look like from a legal standard. They also discussed how the PGA pros who remained loyal throughout would feel about the return of some of the LIV golfers.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Producers: Justin Mader (@MaderLaw)

Hawkeyes Settle Player Lawsuit, Saban Sounds Off on NIL, Ruiz Files NCAA "Booster" Lawsuit, and College Golfers Can't Cash-in on Coaching Mar 09, 2023

Show notes

Welcome back to THE Sports Law Podcast! This is your one-stop shop for all things sports law. In this episode, Tarun Sharma (@tksharmalaw) and John Nucci (@JNucci23) host the podcast to give you the latest news surrounding college sports.

An Iowa state appeals board recently approved a monetary settlement stemming from a racial discrimination case filed by former Iowa football players. (0:46) The settlement totals more than $4 million with $2 million coming from Iowa taxpayers' pockets. This agreement has prompted prominent voices to question why the AD for Iowa, Gary Barta, is still in his current position at the school. Since his tenure started in 2006, there have been four discrimination lawsuits totaling almost $7 million in damages.

Nick Saban recently commented on the current state of NIL. (10:04) His statements point to his thinking that players are now choosing based on money rather than the best opportunity for their future. While Saban seems to routinely criticize the use of NIL, Alabama is working to create an environment to help their athletes produce content for NIL.

Given the prominence of NIL in the college space, golfers are faced with additional hurdles when navigating both NIL rules and USGA amateurism rules. (20:21) One of the rules, in particular, is that college golfers may not give directed instruction for any sort of compensation. While college golfers may be able to release videos with general tips, they cannot be directed at an individual. International players, which make up quite a large percentage of college golfers also face hurdles regarding their visas.

John Ruiz recently filed a lawsuit regarding his classification as a booster by the NCAA. (26:24) This lawsuit comes in the wake of the punishment handed down by the NCAA following the recruiting violations at the University of Miami. Ruiz had previously stated that if the NCAA's statements about Ruiz's classification as a booster hurt him financially then he would take legal action. The NCAA defines boosters as “representatives of the institution’s athletic interests.”

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Producers: Justin Mader (@MaderLaw)

The Impending Divorce of Dan Snyder & Washington with AJ Perez of Front Office Sports Mar 07, 2023

Show notes

Welcome back to THE Sports Law Podcast! This is your one-stop-shop for all things sports law. This week, Daniel Wallach (@WallachLegal) is joined by AJ Perez (@byajperez) to break down the latest on Dan Snyder, and the future of the Washington Commanders.

AJ Perez is a Senior Reporter for Front Office Sports, and has extensively covered the complete saga of Dan Snyder and the Washington Commanders. This week, he joins Daniel Wallach as they dive deep into potential bids for the Commanders, status updates on the sale process, and what we can expect to see next as we approach the NFL Annual League Meeting in late March.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal)

Producer: Zachary Bryson (@ZacharySBryson)

The Baker Era Begins: How the NCAA's Recent Moves on Miami and Texas A&M Foreshadow Policies to Come and Baylor's New NIL Deal with Hally Hair Mar 04, 2023

Show notes

Welcome back to THE Sports Law Podcast! We keep you up to speed with everything at the intersection of sports and law. Tarun and Holly are joined on this episode by Andrew Miner (@aminer777), writer for Bears Illustrated 247. Andrew joins to discuss the latest developments in the NIL world including the NCAA's new president, Charlie Baker, the letter the NCAA sent out to schools that seemingly targeted Texas A&M's Twelfth Man Plus Fund, and Hally Hair teaming up with Baylor University women's athletics to form a unique NIL deal. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) Tarun Sharma (@tksharmalaw) | Holly Summers (@ProsecutieRests) Twitter | Instagram | TikTok | YouTube | Website | Email

Jalen Carter, Brian Flores, Jerry Jones, NFL Films Lawsuit, & F1 Contract Drama Mar 03, 2023

Show notes

Welcome back to THE Sports Law Podcast! This is your one-stop-shop for all things sports law. For this episode, the production team Mike Lawson (@Mike_sonof_Law), Justin Mader (@MaderLaw), and Zach Bryson (@ZacharySBryson) take the lead to give you the biggest sports law stories.

Jalen Carter returned to the NFL combine after returning to Georgia to answer for the arrest warrant in connection with a deadly car crash that occurred back in January 2023. (3:07) The warrant was out for Carter for reckless driving and racing, a misdemeanor that can carry up to 12 months in jail and a $1,000 fine. It is unsure whether this will have an affect on Carter's draft stock which puts him as high as the number one pick in this years NFL draft.

A Texas appeals court reinstated a case against Jerry Jones after it found that the district court abused its discretion in dismissing the case. (12:58) The appeals court found that the plaintiff, J.G., acted in good faith to amend part of her pleadings to fit with a court order. J.G. claims Jones “kissed her on the mouth and forcibly grabbed her without her consent.” The suit also includes the Cowboy organization as she claims that team officials “knew or should have known of Jones’s misconduct.”

A former NFL Films employee, Victoria Russell, has brought an employee discrimination case against the company. (17:53) She alleges that she was denied a dedicated workspace, pay raises, and advancement opportunities that white, male employees enjoyed. The suit also drops a bombshell allegation that NFL Films keeps a database of clips with timestamps and labels such as “cheerleaders buttocks,” “cheerleaders rear end,” “female fan in bikini top,” “naughty camera work,” “close up of cheerleader’s breasts; cleavage shot,” “shot of endowed woman” and “random woman, cleavage shot.” NFL spokesman Brian McCarthy has released a statement denying both the discrimination claims and the claims about the video labels. He stated that these video frames are simply labeled as 'sensitive' so that they will be removed from circulation.

Judge Caproni of the United States District Court for the Southern District of New York released a decision allowing for some of Brian Flores' claims to proceed to court rather than arbitration through the NFL. (24:19) Judge Caproni concluded that Flores' claims against the Denver Broncos, the New York Giants and the Houston Texans do not fall within the NFL's arbitration clause. Judge Caproni also noted that she will retain authority to review the commissioner’s decision if he is the arbitrator. This review will undoubtedly look for bias in the NFL's decision.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team.

Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)

Producers: Justin Mader (@MaderLaw)

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